Who is responsible for severe and fatal bicycle accidents that occur in San Diego? The answer to that question depends on the specific facts of the case, but a recent report from NBC 7 News San Diego emphasizes just how important it is to file a bicycle accident lawsuit in Southern California if another party’s negligence results in your injuries. As that report notes, the City Council for the City of San Diego came to a unanimous agreement to pay a $4.85 million settlement to a cyclist who sustained severe and debilitating injuries as a result of an accident caused by uneven pavement.

While many bicycle accidents involve negligent motorists who are not paying attention to their surroundings or motorists who are driving aggressively and strike cyclists, the recent settlement makes clear that matters of premises liability can also affect the rate of bicycle accidents in urban areas.

Details of the Bicycle Accident in San Diego

As the NBC 7 News report articulates, the $4.85 million settlement arises out of a debilitating bicycle accident that occurred on an afternoon in 2014. The plaintiff, Clifford Brown, had been cycling on College Avenue in Del Cerro. At around 1:00 p.m., Brown “hit a portion of uneven pavement.” That incident resulted in the cyclist being “launched more than 20 feet in the air.” In addition to having several of his teeth knocked out, Brown also sustained spinal cord injuries and head trauma.

Who was responsible for the bicycle accident? The injured plaintiff filed a lawsuit against the City of San Diego, alleging that it was responsible for his injuries as a result of the poorly maintained sidewalks. His complaint is not the only one concerning potential premises liability issues throughout the city. One frequent San Diego cyclist, who also owns a bicycle shop, noted that “the descent off of Mount Soledad has a lot of very unsafe rises in pavement, cracks, and potholes.” Other cyclists, too, have highlighted the dangerous riding areas around the city where “they still see dangerous cracks and uneven pavement.”

In response to Brown’s lawsuit, the City of San Diego agreed to a settlement of $4.85 million. A spokesperson for the City of San Diego underscored the severity of Brown’s injuries and emphasizes that “the settlement isn’t about making someone rich, but about making sure Brown is able to pay for his medical expenses for the rest of his life.”

Premises Liability Law and Bicycle Accidents

Who is responsible for a San Diego bicycle accident that happens on a sidewalk? Generally speaking, a premises liability claim, under California law, requires a plaintiff to show the following:

• Defendant owned, leased, occupied, or controlled the property;
• Defendant was negligent in its maintenance of the property;
• Plaintiff suffered a harm; and
• Defendant’s negligence was a substantial factor in causing the plaintiff’s harm.

While the City of San Diego may be responsible for poorly maintained roadways, is it always responsible for damaged or poorly maintained sidewalks? As a report from the League of California Cities clarifies, the answer often depends upon where the sidewalk is located. Municipalities in California can “impose a repair obligation for damaged sidewalks on adjacent property owners.”

Discussing Your Case with a San Diego Bicycle Accident Lawyer

If you got hurt in a bicycle accident on a San Diego street or sidewalk, it is important to learn more about filing a lawsuit by speaking with a San Diego bicycle accident attorney about your case. Contact the Walton Law Firm to learn more about how we can assist you.

See Related Blog Posts: Anatomy of an Escondido Bicycle Injury Claim Bicycle Injuries and New Safety Laws in California

(image courtesy of Eric Parks)

High Rates of Nonfatal Injuries Among Nursing Staff

According to a news release from OSHA about its new initiative, patient handling plays a significant role in healthcare workplace injuries. What kinds of numbers are we talking about? OSHA articulates that, “on average, U.S. hospitals recorded 6.4 work-related injuries and illnesses for every 100 full-time employees in 2013, compared with 3.3. per 100 full-time employees for all U.S. industries combined.”

In the hospital setting, nearly 35 percent of injuries that prevented hospital employees from working were linked to patient interactions. Indeed, more than half of all injuries to nursing assistants were classified as musculoskeletal disorders that may have been avoidable through the implementation of a comprehensive safe patient handling program. How do nurses sustain these injuries?

In general, moving and lifting patients can be hazardous to a nurse’s health. While hospitals encourage nurses to use “body mechanics” strategies to prevent injuries, those tactics simply aren’t sufficient. Special equipment used to lift patients has proven to be the only way to keep hospital staff free of preventable injuries.

Preventing Healthcare Workplace Injuries

How will OSHA help to make a change? OSHA inspectors will look into the devices hospitals are using to lift patients, and they’ll seek to determine whether major hospitals have sufficient supplies for moving and lifting patients. And if they do, are they properly training their nursing staff? The OSHA investigators will get answers to some of these questions by interviewing nurses and hospital managers, as well as through analysis of hospital documents. OSHA will also examine whether hospitals are keeping count of nursing injuries and taking steps to prevent them.

According to David Michaels, the OSHA Assistant Secretary for Labor, the agency has noted the seriousness of nursing injuries based on statistics, but its investigators haven’t examined some of the conditions firsthand. Now, Michaels explained, “it’s time for us to start doing some enforcement to make sure fewer workers are hurt.”

When OSHA inspectors start making hospital visits, they’ll be paying particular attention to ways in which facilities are preventing injuries caused by lifting patients. But they’ll also be examining hospitals’ injury- and illness-prevention methods for risks like tuberculosis or slip and fall accidents. Fines for violations will range anywhere between $7,000 and $70,000, “depending on the extent of the problem and the likelihood that hospital leaders knew about it and took no action.”

If you or someone you love recently suffered a workplace injury, it’s important to learn more about seeking financial compensation. Contact an aggressive San Diego personal injury lawyer today to discuss your case.

Photo Credit: phalinn via Compfight cc See Related Blog Posts: Severe Injuries at California Power Plant Construction Worker Killed in Riverside County

Common Types of Eye Injuries

As the article points out, unintentional eye injuries can result from activities that most of us are unlikely to expect, including but not limited to:

• Household cleaners;
• Pool chemicals;
• Grease from kitchen cooking;
• Champagne bottle corks;
• Curling irons;
• Mascara wands;
• Tree trimmings; and
• Construction work debris (for passersby).

The list above is largely incomplete, as San Diego residents are at risk of sustaining a serious eye injury in many everyday activities, from walking near a construction zone to eating dinner at a local restaurant. And in many situations, someone else’s negligence is to blame. For instance, if proper safety measures aren’t taken at a construction area, debris can cause serious injuries to passersby, including eye injuries.

According to Dr. Sandy Felman, the medical director of San Diego’s Clearview Eye & Laser Medical Center, eye injuries typically result from one of the following types of objects:

• Blunt objects (such as fist or a ball);
• Sharp objects (like a stick); or
• Liquids (such as a splash from a chemical cleaner).

Each type of object can cause different kinds of harms to the eye, and many of them require treatment in an emergency department.

Preventing Common Eye Injuries

When we look at eye injuries from sports alone, we learn that these preventable injuries occur about 100,000 times every year, and a little less than half of those injuries lead to a visit to the emergency room. Of those injuries, around 13,500 people will go blind. And approximately one-third of all sports-related eye injuries are attributed to kids, typically from “high-risk sports such as baseball, basketball, martial arts, and hockey.”

How can you prevent serious eye injuries? The most important preventive measure is to wear protective eyewear anytime you’re playing a sport or engaging in an activity that could result in harm to your eye. Parents can buy “sports-specific goggles made of polycarbonate lenses,” which help to protect kids’ eyes while they’re on the field. And protective goggles are also extremely important when you’re doing any home cleaning or home improvement projects.

If you do suspect that you or someone you love has sustained an eye injury, you should seek medical attention. Signs of an eye injury commonly include:

• Pain;
• Blurry vision;
• Red eye; and/or
• Bleeding eye.

In short, if a person with a suspected eye injury has trouble seeing, cannot move her eye, has a pupil that looks misshapen, or has a noticeable foreign object or blood in the eye, see a medical professional. And if a chemical splashes in the eye, wash it immediately and then seek medical care.

Did you recently sustain an eye injury that resulted from another person’s carelessness? You may be able to file a claim for compensation. Contact a San Diego personal injury lawyer today to discuss your case.

Photo Credit: db Photography | Demi-Brooke via Compfight cc See Related Blog Posts: Construction Accident in Northern California Settlement for Knee Injury at Soccer Field

According to a recent article from NBC Los Angeles, a Metro light rail train collided last week with an automobile near the University of Southern California, leaving a film student in “grave condition.” Officials reported that nine people who had been on the train, including the operator, were taken to the hospital following the car crash.

Details of the Metro Train Collision

How did the accident happen? Based on initial reports from investigators, the driver, Jacob Fadley, a 31-year-old film production graduate student, “may have made an improper turn to his left, crossed the tracks, and collided with the train.” The collision with the train resulted in the car being “wedged between the train and a pole,” which resulted in a train derailment. The automobile driver became trapped inside his badly damaged vehicle. In total, 21 people required medical attention from the accident, reported the Los Angeles Fire Department.

One witness, a USC freshman, told authorities he heard “a big, loud crash of metal” while inside his dorm room. He added that “it was huge, so we knew it wasn’t just a car crash. We figured something big happened, so we looked out our window and we saw half of a car smashed into the rail.” The driver was rescued from his “crumpled Hyundai Sonata” and rushed to the hospital for treatment. Several other victims sustain serious injuries, including the train operator.

Dean Elizabeth Daley of the USC School of Cinematic Arts reported that the driver, Fadley, “was very seriously injured,” but that he “is currently in stable condition.” Officials aren’t yet certain what caused the crash. The Los Angeles Police Department is looking into the possibility that there was a signal failure. The Department currently is in possession of an onboard camera that may provide some clarification.

Signal Failure and Train Crash Causes

Some suspect a possible signal failure, given that left turns, such as the one made by Fadley, “are regulated by a red or green left turn arrow, and there are flashing alarms for approaching trains, which are supposed to get ‘train stop’ signals if cars are turning across the grade crossing.” According to Najmedin Meshkati, a civil engineering professor at USC, train crossing could prove dangerous and should be the focus of a new study.

The Federal Railroad Administration’s Office of Safety Analysis recently reported that nearly 10,000 train accidents occur each year, with more than 6,000 reported serious injuries. Of those injured in train collisions and derailments, more than 600 fatalities occur annually. If drivers and pedestrian thought more carefully about safety, many of these severe and deadly injuries could be prevented. Some important safety tips include the following:

• Don’t assume you can cross train tracks simply because you don’t see a train coming. No matter what, abide by the safety signals at railroad crossings.
• Don’t walk along train tracks. It’s illegal, and you’re far more likely to suffer a serious or fatal injury.
• Don’t stop on the tracks for any reason while you’re driving. Always come to a complete stop before the tracks if the safety signals alert you that a train is nearby.

Train accidents can be extremely dangerous. In many cases, negligence is a primary factor in derailments and serious collisions. If you or someone you love has been injured in a train crash, contact an experienced San Diego personal injury lawyer today to learn more about how we can assist with your claim.

Photo Credit: Ayton via Compfight cc See Related Blog Posts: Fatal Train Crash Under Investigation Fatal Train Accident Involving California Teenagers

Have you suffered a personal injury because improperly maintained premises? You may be able to file a lawsuit to seek compensation for your injuries. Don’t hesitate to discuss your case with an experienced San Diego personal injury attorney.

Improperly Maintained Soccer Field

How did the plaintiff’s injury happen? In short, Robb Field, or the Ocean Beach Recreation Area, had serious hazards on its premises. While it doesn’t seem like the most likely cause of a severe personal injury, the field was littered with gopher holes. One of those gopher holes caused serious injury to Walker’s knee, which ultimately “required total knee reconstruction.”

A number of recreational users filed complaints with the city, urging it to properly maintain the soccer field. Indeed, during arbitration, Walker’s attorney presented letters from other soccer players “noting that dangerous conditions had led to injuries ranging from sprained ankles to fractured femurs.”

Walker’s lawyer also presented proof that “the city contracted with the lowest bidding pest control company in order to reduce the number of pocket gophers at the site.” And despite the fact that the city knew about the problem and sought bids to eradicate it, players continued to suffer injuries. To be sure, even after Walker’s knee injury, players continued to get hurt from the poorly maintained field.

Why? In short, the grounds manager at Robb Field indicated that the pest control firm from whom the city entered into a contract, Epic Pest Control Company & Landscape Services, Inc., “entered a bid too low to cover the costs of exterminating the gophers.”

Severe Injury and Long-Term Disability

Walker’s injury was an especially severe one. Stepping in the gopher hole caused a “complete rupture of his anterior cruciate ligament, lateral collateral ligament, meniscus, and other injuries to his knee.” As a result, he required a total knee reconstruction, and has also developed a condition called drop foot. This condition prevents Walker from “lift[ing] his foot up and down or us[ing] his lower leg for almost two years.” In addition, he’s likely to “experience long-term disability as a result of his injury.”

Since Walker filed his lawsuit and settled, the city has reportedly “taken steps to improve the condition of Robb Field.” The field still has gopher holes, but there are fewer than when Walker sustained his injury. In addition, the city has managed to “substantially reduce the gopher population,” which will result in fewer gopher holes over time.

Premises liability is a broad area of the law that allows injury victims to seek compensation when they’ve been hurt because of a property owner’s negligence. Property owners have a duty to keep their premises free of hazards. If you have sustained an injury on another person’s property, you may be eligible for financial compensation. Contact an experienced San Diego personal injury lawyer at the Walton Law Firm today to learn more about how we can assist with your case.

See Related Blog Posts: Governmental Premises Liability Dog Bite: Absentee Owner Can Be Liable If They Allow Dog on the Premises

Mobile Home Fire Causes Serious and Fatal Injuries

The victim of the recent fire-related death was in her 60s, and emergency responders found her inside her bathtub. She and her husband lived in a mobile home at Lamplighter Mobile Home Park on North River Road in Oceanside. According to reports, firefighters arrived at the mobile home park at around 6:30 p.m. after receiving reports of “a double-wide home on fire” with “three people inside.”

Members of the fire department found a man inside the mobile home who suffered serious burn injuries and smoke inhalation. He was identified as the husband of the deceased, and he was rushed to the burn unit at UC San Diego Medical Center. Felipe Rodriguez, the Oceanside Battalion Chief, reported that the man “was in serious condition but was expected to survive.”

The adult son of the deceased was also reported to have been in the mobile home at the time of the fire, but emergency responders did not locate him. Two dogs also were found underneath the home and had suffered from burns, but they’re expected to survive.

The Oceanside police department, along with fire officials, are investigating the cause of the fire. In addition to the serious and fatal bodily injuries that occurred in the blaze, authorities predict that the home fire caused approximately $150,000 in financial damage, as the “mobile home was determined to be a complete loss.”

Home Fire Statistics

How often do home fires result in serious and fatal personal injuries? And, how frequently do these blazes lead to other significant damage? According to a news release from the U.S. Fire Administration, the total number of deaths and injuries from home fires has declined in recent years. However, the numbers are still higher than you might think:

• In 2011, nearly 1.4 million home fires occurred throughout the country. That number actually shows a significant decrease from just a decade prior, when nearly 20 percent more home fires were reported.
• Fire-related deaths have decreased by more than 20 percent in the last decade, yet more than 3,000 people die each year from fire-related injuries.
• The total number of serious (but not fatal) fire-related injuries hasn’t declined as sharply (only by about 5 percent over the last decade). More than 17,000 Americans suffer injuries each year in fires.
• Home fires result in billions of dollars of damage. Indeed, fires lead to more than $11 billion in damages annually.

What causes home fires? The U.S. Fire Administration lists the following as the most frequent causes of fatal home fires:

• Cooking;
• Smoking;
• Heating; and
• Electrical malfunctions.

Fire-related injuries and deaths often result from a homeowner’s or renter’s own negligence, but they also happen because of another party’s negligence. If you or a loved one has been injured in a home fire and has suffered serious burn injuries, it’s important to discuss your case with an experienced San Diego personal injury lawyer.

See Related Blog Posts: Hot Air Balloon Accident Leaves Four Injured Severe Burn Injury in Lakeside Fire

Although it’s wintertime, many Californians have the luxury of riding bicycles at any time of the year. However, bicycle accidents can be deadly, especially when they’re caused by distracted or aggressive driving. A recent article in the Santa Cruz Sentinel reported that a bicycle advocacy group, People Power, is hoping to create “bikeways near highway interchanges” in order to make those intersections safer for cyclists.

While these changes would only affect the Santa Cruz area in the most immediate terms, it’s very likely that bicycle advocacy groups across the state could push for additional measures to make bicycling a safer activity in the San Diego area.

Making Bicycle Transportation Safer Cycling accidents can happen anywhere—in bike lanes, at interchanges, and even when a cyclist is stopped at a traffic light. However, interchanges pose significant risks for auto accidents, and bicyclists can get caught in the middle. To be sure, the bike community in California “knows these areas as dangerous places to ride.” Why? Most notably, “when motorists are getting on or off the freeway, they’re driving much faster than cyclists.”

Many freeway intersections in California don’t even have cameras, so it’s impossible to know how many times a bicyclist has been cut off or almost involved in an accident with a speeding driver. According to one cyclist in the Santa Cruz area, riders often feel as though they’re risking their safety when they ride through a freeway interchange. “There are a lot of avoided and unreported accidents,” the rider explained.

Without bikeways near highway intersections, numerous California cyclists are dissuaded from riding bicycles as a primary mode of transportation. However, with more bikes on the roads, the safer cycling becomes. Indeed, according to Amelia Conlen, the director of People Power, “with more cyclists, there’s more of a perception of safety.” She went on to explain that, “by making cyclists more visible on the road, it can make them feel like they belong on the road.”

Bicycle Accident Facts and Figures: What You Need to Know

According to the Centers for Disease Control and Prevention (CDC), “bicyclists face a higher risk of crash-related injury and deaths than occupants of motor vehicles do.”

What are some of the risk factors linked to cycling? For one, adolescents aged 15-24 and adults aged 45 and older are at greatest risk of a fatal bicycle accident. Children between the ages of 5 and 14 years old and adolescents between the ages of 15-24 are at greatest risk of injuries in a serious cycling-related accident. And if you’re wondering whether your child’s gender can play a role in his or her risk of a bike accident, males are at much greater risk than females of sustaining serious or fatal injuries in a bicycle crash.

What can you do to prevent a serious or deadly bicycle collision? The CDC recommends the following:

• Wear a helmet, even if it’s not required by law.
• Wear fluorescent clothing, even if you’re riding during daylight hours. It will make you more visible on the road, and if it gets dark while you’re riding, other drivers are more likely to see you.
• Install active lighting on your bicycle, including front white lights and rear red lights. You want to do everything in your power to increase your visibility to other motorists.

If you or a loved one has been injured in a serious bicycle accident or pedestrian accident, don’t hesitate to contact an experienced San Diego personal injury lawyer to discuss your case.

See Related Blog Posts: Auto Accident Leaves Cyclist with Spinal Cord Injury Preventing Bicycle Accidents with San Diego Bike Loop

For example, “sometimes they’re for something as benign as a mislabeled sticker.” Or, in other cases, “durability tests find a suspension spring could wear out prematurely.” And even if your car is subject to a more serious recall, it’s not guaranteed that you’ll experience that problem. To be sure, “a vast majority of affected cars will never experience the potential problems outlined in a recall notice.”

Yet many of us aren’t always sure how to tell the difference between a relatively benign and a more serious recall. How can you learn specific details about recalls and whether you need to pay particular attention? And in the event that your car is recalled for a significant reason, what should you do?

Recent Recalls and Consumer Injuries

In 2014, a number of automobile recalls shook the news. Nearly 8 million recalls took place for cars that had certain Takata airbags installed. If you’ve been reading about the Takata air bag recall, you know that these automobile parts “are prone to explode in collisions, spraying passengers with shrapnel,” and “sometimes with fatal results.” Some of the automakers that use Takata airbags include GM, Honda, Toyota, and BMW. Honda was just recently fined $70 million for failing to report more than 1,700 injuries and deaths that occurred in its automobiles, according to an article in the Washington Post.

In addition to the Takata recall, GM also recalled about 2.6 million vehicles in 2014 due to a defective ignition switch. In certain cases, these cars could simply turn off during operation, resulting in serious and fatal accidents. And just shortly before news about the GM recall hit the internet, Toyota and Lexus recalled more than 10 million automobiles because of a problem that resulted in “unintended acceleration” and deadly car accidents.

Learning About a Recall

How do most of us find out about recalls? Whether an auto manufacturer issues a recall for a minor or a serious problem, it will contact car owners by snail mail or email, and it will provide instructions for having the defective part repaired or replaced. How long does an automaker have to alert you to the recall? Once it has informed the National Highway Traffic Safety Administration (NHTSA) of the recall, it must let you know within 60 days.

If you find out that your car is part of a recall, you should follow the instructions—which usually involve visiting the nearest dealership—and have the fix or replacement completed. In some cases, the dealership won’t have the parts in stock that are needed for the repair. In such a case, you should find out if the recall “involves a key operating component, such as the acceleration, brake, steering, suspension, or fuel systems.” If it does, and the automaker suggests that you stop driving the vehicle until it can be repaired, it “should tow your car to a dealership and provide a loaner.”

Social Media and Product Recalls

If you want to stay informed about product recalls, social media can provide very useful tools. For example, you can follow your automaker on Twitter or Facebook. After GM instituted its massive recalls, it began using these precise social media platforms to let consumers know that they needed to pay attention.

If you do sustain an injury from a defective car part, you should always report the problem to the NHTSA and contact an experienced San Diego product defect attorney. You may be eligible to seek compensation for your injuries.

Photo Credit: Manish Prabhune via Compfight cc See Related Blog Posts: Do Product Recalls Prevent Consumer Injury? Dangerous Airbag Recall Expands

Reasons for TBIs Shift from Childhood to Adulthood

A recent article on NPR discussed the different ways in which children sustain TBIs. Adults sustain brain injuries most often following involvement in a car accident, according to the Centers for Disease Control and Prevention (CDC). Children, however, tend to sustain TBIs more frequently from falls. According to the article, the changes in the ways that children, teens, and adults suffer injuries tend to shift as “their forms of motion change.” And the types of fall-related injuries also vary depending upon the age of the child.

An article published in the New England Journal of Medicine emphasized that young children sustain brain-related injuries from different types of falls than do young adults. The authors of the paper are members of the Pediatric Emergency Care Applied Research Network, and their research involved analyzing data from 43,000 children admitted into emergency rooms from “blunt force head trauma” between the years of 2004 and 2006.

Falls Most Common Cause of Childhood Head Injuries

The article’s authors found that three primary causes of blunt force head trauma exist for children under the age of two:

• Falls from elevation, or falls from heights, accounted for 54 percent—more than half—of all emergency room visits related to blunt force trauma to the head;
• Falls down the stairs led to 14 percent of all emergency room visits for kids under two years old;
• Falls to the ground from a walking or standing position resulted in nine percent of emergency room visits.

As is evident, the top three causes of brain injuries for children under the age of two are all linked to fall-related injuries. By and large, falls from heights produce the highest number of serious injuries in these young kids. At the same time, however, it is important to note that falls that occur while a child is standing, walking, or running can also lead to a severe head trauma. How many times has your child slipped and fallen while running on the kitchen tile? How frequently does your toddler trip and fall on the playground asphalt?

For kids between the ages of two and twelve years old, the researchers also discovered that fall-related injuries are the major cause of serious head injuries. The top three causes of head trauma for kids in this age group include:

• Falls from elevation, or falls from heights, accounted for 24 percent of head injuries;
• Falls to the ground from the position of standing, walking, or running led to 14 percent of brain trauma in children between the ages of two and twelve;
• About nine percent of head injuries in this age group resulted from being accidentally struck in the head by an object.

As children grow older, the causes of their head injuries look more like those of adults. Specifically, teen head traumas most frequently result from assault (24 percent), sports (19 percent), and car accidents (18 percent).

If your child suffered a brain injury in a dangerous slip and fall accident, you may be able to file a lawsuit. Contact a dedicated San Diego premises liability lawyer today to discuss your options.

Image Credit: clarita via morgueFile See Related Blog Posts: Baseball Coach Sustains Traumatic Brain Injury Brain Impairment at a Younger Age for Tackle Football Players

Head Health Challenges Allots Funds for Brain Injury Research Teams

In connection with Under Armour and GE, the league developed the “Head Health Challenge,” a plan designed to give researchers “funding to develop new ways to prevent, measure, and detect brain injury.” All in all, it is a $60 million initiative that will provide money to different groups in the months and years to come. The challenge was launched last year.

How is the money allotted? In many ways, it works like a contest, and the NFL recently announced the winners. Seven research teams will each receive $500,000, and they will also have a chance at winning an extra $1 million in 2015. They can award additional funds if the organizers find “continued innovation advancements, potential for commercialization, and on-field impact.” Researchers from 19 different countries submitted proposals, and the organizers received about 500 different proposals in total between September 2013 and February 2014, according to the NFL press release.

These winners are part of the second group to receive funding. The first group of winners received funds back in January; their projects were linked closely to the diagnosis and treatment of brain injuries. This second group of winners, according to the NFL’s press release, contains research projects that will focus more closely on protection from TBIs and new ways to measure head impacts upon collision.

Winning Projects Range from Helmet Improvement to TBI Diagnosis

Some of the winners include:

• UCLA and Architected Materials, Inc.: Based in southern California, this winning research team is in the process of developing an “energy-absorbing microlattice materials for improved helmet performance.” The material would be used as an under-helmet liner that would help to absorb energy during head hits.
• University of Miami Miller School of Medicine: This research team is in the process of developing a “portable eye-goggle that gathers and measures precise eye movements,” which “will assist in identifying mild traumatic brain injury in real time, leading to more accurate concussion diagnosis.”
• Viconic Sporting, Inc.: In Detroit, this research group is creating a synthetic turf system that will be more absorbent, and thus will help to make the football fields themselves safer for players.
• University of Washington and VICIS: This team will develop a “revolutionary football helmet” created with a shock-absorbing structure.

The San Diego area, as well as regions across the country with amateur and professional sports teams, needs more attention to brain injury prevention. Traumatic brain injuries (TBIs) can lead to serious, life-threatening, and life-long consequences. If you or a loved one recently sustained a sports-related TBI, it is important to talk about your case with an experienced San Diego brain injury attorney. You may be eligible for compensation.

See Related Blog Posts: Brain Impairment at a Younger Age for Tackle Football Players New California Law Aimed at Brain Injury Prevention

Image Credit: GaborfromHungary via morgueFile

Tractor-Trailer “Flying Wheel” Leads to Fatal Injuries

How did the recent trucking accident happen in downtown Fresno? It appears Tapia’s car was hit by a “flying wheel from a tractor-trailer.” Tapia had been behind the wheel of a Toyota Corolla on Highway 99 when the wheel crushed her. Reports indicate that the wheel “rolled into her lane,” and then “smashed into the roof and driver’s side” of her vehicle. Investigators are not sure precisely how the wheel came detached from the vehicle, but the California Highway Patrol (CHP) continues to look into the matter. Some commentators described the scene as a “freak accident.”

But should we expect better safety inspections for tractor-trailers like the one involved in the deadly accident? Should we need to anticipate that the wheels of big rigs can simply come dislodged when a traffic collision occurs? The victim was working toward a master’s in public health when she was killed, and those who knew her emphasize that “she was on her way to making a huge impact,” according to an article in the Fresno Bee.

Truck Accident Safety and Statistics

Big rigs tend to weigh 10,000 pounds or greater, so it is no wonder that these vehicles often cause fatal injuries when they are involved in automobile crashes. Indeed, the Insurance Institute for Highway Safety (IIHS) emphasizes that large trucks often weigh “20-30 times as much as passenger vehicles,” and they are also “taller and have greater ground clearance than cars.” What does this information mean? In short, “lower-riding vehicles can slide beneath truck trailers, with deadly consequences.” And while federal safety standards require these trucks to have underride guards, the IIHS estimates that many of these guards often fail in low-speed accidents.

According to the Federal Motor Carrier Safety Association (FMCSA), fatal truck accidents happen more than ten times per day—every day—in the United States. Each year, these collisions result in about 4,000 deaths nationwide. And even when passengers are not killed in these dangerous crashes, more than 100,000 suffer serious injuries each year.

Based on data from the FMCSA and the National Highway Traffic Safety Administration (NHTSA), the number of serious and fatal truck accidents rose over the last several years. What is causing the increase in trucking accidents? The IIHS predicts that three major factors are at work in fatal truck collisions:

• Driver speeding;
• Driver fatigue; and
• Truck braking capability.

If you are in a smaller passenger vehicle, it is important to stay alert while you are behind the wheel. But if you or a loved one sustained serious injuries in a truck accident, do not hesitate to contact an experienced San Diego truck accident lawyer. Contact the Walton Law Firm today to learn more.

Image Credit: Alvimann via morgueFile See Related Blog Posts: California Bus Crash Report Drowsy Driving Accidents in California

Were you been seriou

sly injured in a car accident caused by a defective automobile product? It is important to know that you can file a lawsuit to hold the manufacturer liable for your injuries. Contact an experienced San Diego product liability lawyer today to find out more about how we can assist with your case.

Airbags Can Release Metal Shrapnel, Resulting in Fatal Injuries

The defective airbags involved in the urgent recalls involve at least seven different automakers. Indeed, Takata, the Japanese automobile parts manufacturer, provides airbags for many different types of cars, trucks, and SUVs. Back in October, the U.S. government issued “an immediate recall” for nearly 5 million vehicles that were installed with defective airbags. The airbags, in case you have not read about the serious dangers they can pose, “have released metal shrapnel during crashes that has led to the deaths of at least four people.”

Since the federal recall, the consumer website providing information about the vehicle identification numbers (VINs) of those cars implicated has not been working properly. As such, it is important to check your VIN directly to see if your automobile’s airbags could be defective. By early November, the numbers for potentially affected vehicles caught up in this recall looked like this:

• 778,177 Toyota vehicles;
• 2,803,214 Honda vehicles;
• 437,712 Nissan vehicles;
• 18,050 Mazda vehicles;
• 573,935 BMW vehicles;
• 133,221 General Motors vehicles.

As you can see, millions of American drivers are at risk of a serious or fatal injury resulting from the defective Takata airbags. And those numbers continue to grow.

Recall Numbers Grow, More Automakers and Models Implicated

By mid-November, the Takata airbag recall expanded to include more Honda vehicles. According to a report in Autoblog, investigators discovered that a pregnant woman in Malaysia suffered fatal injuries in a car accident when the airbag inflator ruptured. This victim’s case was the first to be reported outside the U.S., and it resulted in the additional recall of about 170,000 Honda vehicles in Europe and Asia. With these additional recalls, the total number of potentially affected vehicles grew to more than 14 million.

Meanwhile, vehicles manufactured by Ford Motor Co. were also added to the list. A report from Automotive News indicated that Ford pickup trucks across the country may have defective Takata Corp. airbags installed in them. The recent death in Malaysia actually alerted the automaker and manufacturer to a previously unknown defect in the airbags. As such, Ford will be adding its 2004 and 2005 model year trucks to the list of Takata recalls, and it will replace both the passenger airbags and the driver’s-side airbags.

If you or a loved one sustained severe or fatal injuries in an accident caused by a defective product, you deserve to be compensated. You may be able to file a wrongful death lawsuit and should contact a San Diego defective product attorney to discuss your case.

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In addition to voting against the medical malpractice cap increase, Californians also voted down an initiative that would have “required routine drug and alcohol testing for hospital doctors,” thereby reducing the number of preventable injuries in hospitals.

Background of the Medical Malpractice Cap Initiative

Just to remind you about Proposition 46 and how it would have changed medical negligence laws, we can take a look at the elements of the initiative. First and foremost, it sought to raise the state’s medical malpractice cap on non-economic compensatory damages from $250,000 to $1.1. million. Noneconomic damages are those for injuries like pain and suffering, which one cannot objectively quantifiy. The $250,000 cap was set back in 1975 with the Medical Injury Compensation Reform Act (MICRA). In addition, Proposition 46 would have resulted in some of the following changes:

• Allowing for additional changes to the cap based on inflation; back in 1975, accounting for inflation, the $250,000 cap is closer to about $57,000 in the 2010s;
• Requiring hospital doctors to be tested for drugs and alcohol, and requiring doctors that test positive to report their results to the California Medical Board;
• Requiring the suspension of doctors who test positive for drugs and alcohol, pending an investigation; if the doctor tested positive while on duty, the initiative would have required the California Medical Board to take disciplinary action;
• Requiring other healthcare professionals to report doctors who may be impaired by drugs or alcohol, or who may have committed medical negligence;
• Requiring healthcare providers who prescribe medications to consult the California prescription drug history database before providing prescriptions for some controlled substances.

Yet the initiative did not pass, and none of these important changes were made to California law. Why did voters not want to make sure some of these changes went into effect?

Why the Medical Malpractice Initiative Failed

According to the Wall Street Journal article, the “no” votes for Proposition 46 outnumbered the “yes” votes by nearly double—those opposed to the initiative won with a 2-to-1 margin. Why did more voters not say “yes” to Proposition 46?

Advertising may have played a considerable role in the voting numbers. Medical malpractice insurers provided substantial funding for the opposition campaign, raising nearly $58 million in total according to MapLight, which is a “nonpartisan, nonprofit organization that tracks campaign contributions.” All of that funding seems to have washed out the proponents of Proposition 46, who managed to raise about $8.5 million to promote the initiative. As such, the medical malpractice cap for non-economic damages will remain firmly at $250,000.

If you have questions about filing a claim for medical malpractice, it is very important to discuss your case with an experienced San Diego medical malpractice lawyer. Although the cap for certain damages remains at $250,000, you may potentially file a claim for substantial compensation for your injuries. Contact the Walton Law Firm today.

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When you have sustained an injury in a severe accident, it is important to seek immediate medical care. Only a trained healthcare professional can assess the severity of your injuries, and this assessment can be essential to winning a personal injury lawsuit in Southern California. Yet the high price of an ambulance ride can deter injury victims from seeking immediate treatment after an accident. Should ambulance bills really cost such a high price? And why are they not covered by all health insurance plans?

An article in the New York Times reported that a swim instructor in La Jolla, California sustained an injury in the pool where she worked, and another person at the facility called 911 for an ambulance. The victim, Kira Milas, 23, had “swum into the side of the pool, breaking three teeth.” The ambulance arrived, and it took Milas to Scripps Memorial Hospital. Paramedics applied a neck brace as a precautionary measure. While Milas is one of the lucky accident victims who did not necessarily require an ambulance trip to the hospital, her story about the massive ambulance bill is all too common in Southern California and, indeed, across the country.

A week after her release from the hospital, Milas received a bill for her fifteen-minute trip to Scripps Memorial Hospital totaling nearly $1,800. Fortunately for Milas, her ambulance bill was paid by workers’ compensation insurance. However, it is not uncommon for an ambulance ride like Milas’, covering fewer than ten miles, to cost upwards of $2,000. For low-income injury victims, the prospect of paying for an ambulance can result in failing to receive the proper treatment and at the right time.

Ambulance Billing and Insurance Coverage

According to the New York Times, ambulance rides—even a few decades ago—used to be provided “free of charge, underwritten by taxpayers as a municipal service or provided by volunteers.” Now, however, ambulances are run more like other businesses, and they can result in extremely high medical bills. Indeed, the patient almost always receives the bill for his or her ambulance, and that bill can “range widely, from zero to tens of thousands of dollars.”

Even patients with health insurance can end up with a costly ambulance bill. To be sure, many patients simply do not have coverage for an ambulance ride. And the pricing can vary drastically depending on who is running the ambulance. Some ambulances are run by fire departments and volunteer groups, while other are run by hospitals and private companies. In short, “no two are alike,” according to Dr. Robert E. O’Connor, who serves as the vice president of the American College of Emergency Medicine.

Given that the pricing varies widely, it is often difficult to estimate the out-of-pocket expenses for a particular patient. And because ambulances typically only transport patients in emergency situations, there is not a lot of time to “shop around,” so to speak.

If you were injured in an accident, it is important to receive proper medical care. Although ambulance rides can be expensive, they are very important for ensuring that you get the treatment you need. In accidents caused by another person’s negligence or wrongdoing, you may be eligible to seek financial compensation. Contact an experienced San Diego personal injury lawyer today to learn more about how we can assist with your case. We may be able to help you negotiate the cost of your ambulance ride in addition to providing counsel for your personal injury claim.

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ebilitating spinal cord injuries maintain the hope that scientific innovations will result in the possibility to recover from paralysis. But how realistic is such a cure? According to a recent article in The Independent, reports of medical breakthroughs often lack the results that most spinal cord injury victims hope for. Recent reports identified stem cell treatments and the possibility of transplanting regenerative cells into the spinal cord of those suffering from paralysis. Will these new studies make headway for people across the country who sustained severe spinal cord injuries?

New Treatment May Help Americans with Spinal Cord Injuries

Recently, Professor Geoffrey Raisman of University College London performed a cell transplant on a Bulgarian firefighter who previously suffered from paralysis. This “pioneering therapy” involved “transplanting regenerative cells from his nasal cavity into his spinal cord.” According to Raisman, the treatment “represents an historic change in the outlook for people disabled by spinal cord injury.”

At the same time, however, it is important to remember that this treatment only worked on one person, and it repaired an injury that “was a clean severance of the spinal cord in one location.” In other words, not all spinal cord injuries are created equal, so to speak. Indeed, many are much more complex.

And regaining the ability to walk may not be of utmost important to those who suffered spinal cord injuries. A spokesperson for the Spinal Injuries Association indicated that most people who suffered paralyzing injuries “would put control of the bladder, control of the bowel, and sexual function above actually being able to stand and walk around.” As such, while breakthroughs in treating spinal cord injuries could be big news for Americans who currently are paralyzed, researchers and surgeons have been taking the news of the recent spinal cord treatment success with cautious optimism.

Spinal Cord Injury Statistics: Who is At Risk?

According to the Mayo Clinic, spinal cord injuries can vary drastically in type and severity. In general, a spinal cord injury involves “damage to any part of the spinal cord or nerves at the end of the spinal canal.” These injuries usually result in severe and permanent changes to a person’s “strength, sensation, and other body functions below the site of the injury.”

Who is at greatest risk? While spinal cord injuries typically result from unexpected accidents, certain groups of people are at greater risk than others. The Mayo Clinic identifies some of those at greatest risk of suffering a spinal cord injury:

• Males are disproportionately affected by spinal cord injuries, making up about 80 percent of reported cases in the United States;
• Young persons ages 16 to 30 are most likely to suffer a serious spinal cord injury;
• After young adults, the elderly, those over the age of 65 are most likely to sustain a spinal cord injury in a dangerous fall;
• Those who take part in risky activities, for instance, playing contact sports without protective gear, riding a motorcycle without a helmet, or diving into shallow water, are more susceptible to life-altering spinal cord injury.

Have you sustained a serious spinal cord injury? In many cases, the accident that led to the injury was preventable. You may qualify for financial compensation, and you should contact an experienced San Diego spinal cord injury attorney to discuss your case.

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ke their eyes off the road or experience distractions, serious and fatal accidents can occur. Indeed, according to a recent report from NBC San Diego, a woman suffered fatal injuries after she was struck by an automobile while unloading her car “along a busy La Jolla street.” The pedestrian accident occurred in the late morning on Girard Avenue, just across the street from Nosh Delicatessen and Orange Theory Fitness, the article reported.

Elderly Driver Strikes Victim

How did the accident happen? According to reports, the victim, a 45-year-old woman who was a resident of La Jolla, was pinned between her own parked car and the vehicle of the elderly driver who caused the collision. The driver, a 91-year-old, “backed out of a nearby parking spot on the west side of the street, crossed into the other side, and rammed into the woman,” according to San Diego Police Department Sergeant Joe A. Benavidas.

Benavidas emphasized that the 91-year-old driver stayed at the scene after the collision to answer questions from the police. While the accident remains under investigation, the San Diego Police Department believes that “speed likely played a factor.”

This part of Girard Avenue—around the 7700 block—is particularly busy. According to residents of the area, the street often produces “a difficult dance in the afternoons between shoppers and heavy traffic.” One resident, Justin Rowley, told NBC San Diego that the intersection of Silverado and Girard, near to the victim’s fatal accident, “is always busy with foot traffic and cars.” As such, if you are a pedestrian, “you always have to watch what you are doing when you are walking across the street.”

Filing a Wrongful Death Claim in California

When you lose a loved one due to the negligence or wrongful act of another person, you may be eligible to file a wrongful death lawsuit. What is a wrongful death claim? It is a civil lawsuit that is brought by the survivors of a person who sustained fatal injuries because of another person’s negligence or bad behavior.

A wrongful death claim is a lot like a personal injury lawsuit in that it allows for recovery of damages following a serious accident and injury. Here is another way to think about it: if the deceased person had lived, she or he would have been able to file a wrongful death claim to seek compensation for injuries. Since the deceased died as a result of those injuries, the survivors can step in and file a wrongful death claim on behalf of the deceased person.

California law specifies that only certain people are eligible to file a wrongful death claim. Typically, the following people are the ones to bring a lawsuit for another person’s wrongful death:

• Surviving spouse;
• Surviving children;
• Surviving domestic partner.

If the deceased person does not have a surviving spouse, domestic partner, or children, then the following people are the likely ones to file a wrongful death claim:

• Surviving parents of the deceased;
• Surviving siblings;
• Children of deceased siblings;
• Surviving grandparents;
• Persons who financially depended upon the deceased person.

Pedestrians who sustain severe and life-threatening injuries in traffic collisions may be eligible for compensation. If you have lost a loved one in a dangerous pedestrian accident, you should speak to an experienced San Diego injury lawyer about filing a wrongful death claim.

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How often do severe dog bite injuries occur? According to a recent article in Bloomberg Businessweek, dog bite claims are on the rise across the country. To be sure, data collected by the Insurance Information Institute showed that insurance claims related to animal attack injuries rose by nearly six percent last year, for a total of 17,359 claims. This figure set a new record established back in 2003.

Across the country last year, a

verage dog bite insurance claims resulted in payments of about $28,000. That is up by nearly 45 percent over the last ten years. And to give this figure another spin, dog bite claims account for more than 33 percent of “all homeowners insurance liability-claim dollars paid out in 2013.”

In response, homeowners insurance policies are getting stricter when it comes to dog-inflicted damage. Indeed, many insurance companies are charging higher premiums for homeowners with dogs, particularly when they are of a certain breed (such as pit bulls). Other insurance companies will not cover dog-inflicted damage unless the homeowner has taken his or her dog to pet behavior classes.

California Leads the Pack in Dog Bite Injuries

It may not be surprising to many California residents that dog bite claims have spiked over the last year. News sources across the state have reported on gruesome animal attacks that left victims in critical condition, according to an article from CBS Sacramento. For instance, in early October a Modesto woman was attacked by four pit bulls inside her home. When a relative arrived at the house, that relative also sustained dog bite injuries. Both victims were reported to be in critical condition.

An article in Reuters recently reported that a man from Southern California whose pit bulls mauled a 63-year-old woman to death was sentenced to fifteen years in prison for second-degree murder. The victim, Pamela Devitt, was out for a morning walk when the dogs attacked her. She suffered approximately 200 puncture wounds, according to the report, and died as a result of blood loss.

In 2013 alone, insurance companies in the state of California paid out about $65 million in relation to dog bite claims. The average of each claim was nearly $34,000. Why are these settlements so pricey? In many cases, California’s strict liability law may play a role. What is strict liability? In short, a dog owner is responsible for any bad action committed by the dog, regardless of any mitigating circumstances. In other words, even if the owner was not clearly at fault, that owner is still liable. So, for instance, if a dog jumps through a screen and attacks a child on the street, the owner is likely still liable for the dog’s behavior. In a strict liability claim, the victim must only show that the injury occurred, and not that the owner did something wrong or negligent.

If you or a loved one sustained injuries in a dog bite accident, you should know that you may be eligible for financial compensation. Dog bites occur with some frequency in California, and the experienced San Diego dog bite lawyers at the Walton Law Firm can answer your questions today. Contact us to learn more about how we can assist with your dog bite claim.

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Deadly Diving Accident Near Catalina

According to a recent article in CBS’s KUTV2, a vacationing physician was recently identified as the victim of a deadly diving accident off the coast of Orange County. The victim, Jared Royer, 40, was on a lobster-diving vacation with a group of other physicians. Royer’s brother-in-law indicated that it was an annual trip, and Royer “was an experienced diver who had been on several similar trips with his colleagues in previous years,” according to a report in The Spectrum. The group was diving in Emerald Bay late in the evening, and around 11p.m., the other physicians noticed that Royer had not returned to the boat.

Royer was an anesthesiologist, and he worked in the operating room and birthing center at a Southern Utah hospital. In addition to his work and prior diving experience, he was an “accomplished triathlete” who had also run the Boston Marathon.

What happened off the coast of Orange County, then? While autopsy results are pending, early indications suggest that Royer “may have run out of air and made a rapid ascent.” The accident happened on the third day of Royer’s dive, and according to the other physicians in the group, he was in about 110 feet of water at the time of the incident.

Royer made it to the surface and called for help, but the other divers could not locate him afterward. After nearly 70 hours in which search and rescue officials from Los Angeles County attempted to locate him, including the Los Angeles County Fire Department dive team, divers from the Los Angeles County Sheriff’s Office, and the U.S. Coast Guard, Royer’s body was found nearly 100 feet underwater at around 11:30a.m.

Diving Accident Trend in Southern California

Since lobster season began on September 27th, Southern California has experienced a striking number of diving-related deaths. While diving fatalities are more common among inexperienced divers or those with existing medical conditions, these dangerous accidents can happen to anyone.

As of October 2nd, five deaths were already been reported, according to Fox 5 San Diego. Four of those deaths occurred at night during lobster-diving excursions, and one of the deaths resulted from a diver’s medical complications. Royer was the fifth fatality reported in just about a week’s time.

What are the primary causes of diving fatalities? According to statistics from the Diver’s Alert Network (DAN), the following represent the top three causes of death resulting from diving accidents:

• A pre-existing medical condition in the diver (such as a disease or other pathology);
• Poor buoyancy control;
• Rapid ascent or violent movement in the water.

While the overall risk of death during scuba diving is low (only 1 in every 211,000 divers suffers a fatal injury, according to the DAN), nighttime diving in Southern California can prove deadly. If you lost a loved one in a diving accident, do not hesitate to contact an experienced San Diego wrongful death lawyer. You may qualify for compensation.

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Even after the NFL settlement related to concussions and traumatic brain injuries last summer, many former players are still not satisfied. A current lawsuit accuses the NFL of “hiding information that linked concussions to brain injuries,” according to a recent story from ABC News. In response to those accusations, the NFL filed documents suggesting that “NFL players are likely to suffer chronic brain injury at a significantly higher rate than the general population,” and “show neurocognitive impairment at a much younger age.”

What kinds of long-term symptoms do tackle football players experience? According to the article, the following statistics concern rates for Alzheimer’s and other forms of dementia:

• Former NFL players between the ages of 50 and 59 develop Alzheimer’s and dementia “at rates 14 to 23 times higher than the general population in the same age range;”
• Former NFL players between the ages of six and 64 are up to 35 times more likely than the general population to develop Alzheimer’s disease and dementia.

In addition to developing these dangerous diseases more frequently than others, NFL players are also more likely to receive diagnoses at an earlier age.

Concussion Settlement and Compensation

Will all these players receive adequate compensation from the concussion settlement? The court documents anticipate 3,488 former players making almost 6,700 claims for “payments related to brain injuries caused by playing football.” Of the estimated claims, more than 90 percent are expected for Alzheimer’s, Parkinson’s disease, or dementia. However, it is likely that a majority of the players are “ineligible for compensation before reaching age 80.”

Referring to the data, the former players question whether the settlement actually provides suitable coverage for sports-related brain injuries. To be sure, the average player with Parkinson’s will only receive about $320,000, while the average player with Alzheimer’s will only get $340,000. According to an attorney for the former players, that is “just utter nonsense.”

The NFL’s actuary report suggested even higher rates of dementia and Alzheimer’s for former players in all age groups. According to the article, “players younger than 50 were at least eight times more likely to develop those diseases.”

Judge Brody is asking to see documentation about the settlement due to concerns that “not all qualifying players would be paid.” What are the players hoping to get? According to the article, players who were in the league for at least 5 years would be eligible for a plan that would pay up to $5 million for players with amyotrophic lateral sclerosis (Lou Gehrig’s disease), up to $4 million for deaths resulting from chronic traumatic encephalopathy (CTE), $3.5 million for Alzheimer’s disease, and up to $3 million for “moderate dementia and other neurocognitive problems.”

While approximately 28 percent of all former players are expected to meet the eligibility requirements to receive this compensation, only about 60 percent of that group are actually likely to seek compensation, given their involvement in other class-action litigation, ABC News reported.

Do you have a loved one who sustained a sport-related concussion or other traumatic brain injury? It is important to discuss your case with an experienced San Diego brain injury lawyer. Contact the Walton Law Firm today to learn more about how we can assist you.

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Small and Underused Military Hospitals

According to a recent article in the New York Times, military hospitals that care for about 1.35 million active-duty service members and their families show “signals of failing in a system” of care. What is wrong with these hospitals? Investigators for the New York Times identified two major issues.

The first issue was size. The hospitals are so small, and so few patients use them, that “it compromises the ability of doctors and nurses to capably diagnose and treat serious illnesses.”

The second issue was underuse. About two-thirds of military hospitals served only 30 patients or fewer per day in 2013, and many served 10 or fewer patients each day. To put this number in perspective, the highest number of inpatients is still “less than a third as many as the typical civilian hospital. That means about half the beds in these military hospitals remain vacant on a daily basis.

According to Dr. Lucian L. Leape, a patient safety expert at the Harvard School of Public Health, these hospitals “should be outlawed.” The Pentagon is planning to scale back on the military hospital system, thus encouraging patients who would otherwise enter the doors for surgery or treatment for a serious illness to visit a civilian hospital instead. What will happen to the hospitals? Many will be converted into outpatient clinics or birthing centers.

Medical Errors and High Rates of Patient Injury

The New York Times report emphasizes the serious problems these hospitals experience in relation to maternity patients and birth injuries or birth defects. The following birth injuries occur with much more frequently at military hospitals:

• Trauma to the infant during birth: 95 percent higher risk at a military hospital than a civilian hospital;
• Postpartum hemorrhage: 43 percent higher risk, on average, at a military hospital;
• Shoulder dystocia and resulting harm in the infant: 40 percent high risk on average;
• Maternal trauma with instruments: 22 percent higher risk at a military hospital than at a civilian hospital.

Birth-related injuries are not the only ones that patients are at risk for at military hospitals. The article also demonstrates higher rates of injury during even routine surgeries, such one to correct a hiatal hernia. Although more than 25,000 Americans undergo this surgery each year, one patient at military hospitals lost her stomach as a result of a medical error. Another example involves the six-year-old son of a Navy officer who suffered fatal injuries after receiving improper treatment at a California military hospital.

Some commentators suggest these high rates of injury are caused by a lack of training for young doctors at these facilities. Other suggest that limited financial resources are to blame.

If you or a loved one suffered personal injuries because of a medical professional’s negligence, it is important to talk with an experienced San Diego medical malpractice lawyer. Given the recent focus on raising the damages cap, you may be eligible to receive substantial compensation for your injuries.

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